Citation NR: 9614739
Decision Date: 05/28/96 Archive Date: 06/11/96
DOCKET NO. 94-35 405 ) DATE
)
)
On appeal from the
Department of Veterans Affairs Regional Office in Detroit,
Michigan
THE ISSUE
Entitlement to service connection for post traumatic stress
disorder.
REPRESENTATION
Appellant represented by: Military Order of the Purple
Heart
WITNESS AT HEARING ON APPEAL
Appellant
ATTORNEY FOR THE BOARD
Howard M. Scott, Associate Counsel
INTRODUCTION
This matter comes before the Board of Veterans’ Appeals (BVA
or Board) on appeal from a February 1993 rating decision of
the Department of Veterans Affairs (VA) Regional Office (RO)
in Detroit Michigan, which denied the veteran's request to
grant service connection for post traumatic stress disorder
(PTSD). The veteran who had active service from October 1942
to December 1945, appealed that decision to the BVA and the
case was referred to the Board for appellate review.
REMAND
Service connection for post-traumatic stress disorder (PTSD)
requires medical evidence establishing a clear diagnosis of
the condition; credible supporting evidence that the claimed
in-service stressor actually occurred; and a link,
established by medical evidence, between current
symptomatology and the claimed in-service stressor. 38
C.F.R. § 3.304(f) (1995).
Evidence necessary to establish occurrence of a recognizable
stressor during service to support a diagnosis of PTSD will
vary depending upon whether the veteran was engaged in combat
with the enemy. Where it is determined, through recognized
military citations or other supportive evidence, that the
veteran engaged in combat with the enemy and the claimed
stressor is combat-related, the veteran's lay testimony may
be sufficient to establish the occurrence of such stressor,
provided such testimony is credible and consistent with the
circumstances, conditions, and hardships of service.
However, where the veteran did not engage in combat or the
claimed stressor is not combat-related, the record must
contain service records which corroborates the veteran's
testimony as to the occurrence of the claimed stressor. Id.;
Zarycki v. Brown, 6 Vet.App. 91, 98 (1993).
The veteran contends that he has PTSD as a result of the
traumatic experiences that he underwent while serving in the
Pacific during World War ll. These experiences include
coming under attack from enemy aircraft, witnessing two
shipmates die and three others get injured, sailing on two
occasions without the American Flag and with all identifying
markings painted over to survey enemy territory and of being
surprised and challenged by American destroyers. Although
the veteran has reported these experiences, he has not
provided sufficient details that would enable the RO to
verify them. More specific information is necessary so that
a determination as to whether there is credible supporting
evidence that the claimed stressors actually occurred can be
made, particularly where the evidence does not otherwise
establish that the veteran engaged in combat as contemplated
under 38 C.F.R. § 3.304(f) (1995). See Zarycki, 6 Vet.App.
at 98.
The Board further notes that the record reflects that while
the RO has secured some of the medical records pertaining to
VA and private psychiatric treatment since October 1991, all
of the records, specifically all the service medical records,
may not currently be included in the veteran's claim folder.
Accordingly these records should be secured for the Board’s
review and the medical examiner’s consideration. Murincsak
v. Derwinski, 2 Vet.App. 363 (1992).
Therefore, in order to give the veteran every consideration
with respect to the present appeal, it is the Board's opinion
that further development of the case is warranted.
Accordingly, this case is REMANDED for the following actions:
1. The RO should request that the
National Personnel Records Center
initiate an additional search for service
medical records to ascertain whether or
not any additional service medical
records have become associated with the
veteran's file. If such records do
exist, the RO should obtain them and
include them in the veteran's file.
2. The RO should ask the veteran to
provide a detailed statement about all
of the stressors which he experienced in
the Pacific. As precisely as possible,
the veteran should provide the dates,
places, units involved, and the names of
any servicemen wounded or killed.
3. If and only if the veteran has
provided sufficient detail in his
statement to allow the verification of
his stressors, the RO should prepare a
stressor summary based upon such
information and should conduct the
development in the following two
paragraphs.
4. The RO should contact the United
States Army and Joint Services
Environmental Support Group (ESG) in
order to obtain any records relevant to
the events reported by the veteran as
stressors. If, during the course of
this development, additional evidence or
research is suggested by the ESG, the RO
should pursue those leads. Any
information obtained should be
associated with the claims file.
5. After the development in the above
paragraphs has been completed to the
extent possible, the veteran should be
afforded a special psychiatric
examination to identify and diagnose any
psychiatric disorder(s) suffered by the
veteran. The examiner should discuss
whether the veteran meets the diagnostic
criteria for post-traumatic stress
disorder, including identification of
the specific stressor(s) underlying the
diagnosis. The veteran's claims file,
or copies of relevant records contained
therein, must be made available to the
examiner prior to the examination for a
complete study of the case.
After completion of the requested development, the case
should be reviewed by the RO. If the determination remains
adverse to the veteran, the case should be returned to the
Board after compliance with the provisions for processing
appeals, including the issuance of a supplemental statement
of the case and provision of the applicable time period for
response thereto.
The purpose of this REMAND is to obtain additional
development, and the Board does not intimate any opinion as
to the merits of the case, either favorable or unfavorable,
at this time. No action is required of the veteran until he
is notified.
CONSTANCE B. TOBIAS
Member, Board of Veterans' Appeals
The Board of Veterans' Appeals Administrative Procedures
Improvement Act, Pub. L. No. 103-271, § 6, 108 Stat. 740, 741
(1994), permits a proceeding instituted before the Board to
be assigned to an individual member of the Board for a
determination. This proceeding has been assigned to an
individual member of the Board.
Under 38 U.S.C.A. § 7252 (West 1991), only a decision of the
Board of Veterans' Appeals is appealable to the United States
Court of Veterans Appeals. This remand is in the nature of a
preliminary order and does not constitute a decision of the
Board on the merits of your appeal. 38 C.F.R. § 20.1100(b)
(1995).
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